ML110540715

Revised Notice and Order (Regarding Hearing and Oral Argument)

ML110540715
Person / Time
Site:	Pilgrim
Issue date:	02/23/2011
From:	Austin Young Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
RAS 19638, 50-293-LR, ASLBP 06-848-02-LR
Download: ML110540715 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Ann Marshall Young, Chair Dr. Paul B. Abramson Dr. Richard F. Cole In the Matter of: Docket No. 50-293-LR ENTERGY NUCLEAR GENERATION ASLBP No. 06-848-02-LR COMPANY AND ENTERGY NUCLEAR OPERATIONS, INC.

(Pilgrim Nuclear Power Station) February 23, 2011 Revised NOTICE and ORDER (Regarding Hearing and Oral Argument)

The Licensing Board has granted a Joint Motion of the parties Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (Entergy), the NRC Staff, and Pilgrim Watch, requesting that we resolve with no oral evidentiary hearing, based solely on the parties submitted prefiled testimony and exhibits, the following threshold issue of Contention 3:

Whether the meteorological modeling in the Pilgrim SAMA analysis is adequate and reasonable to satisfy NEPA, and whether accounting for the meteorological patterns and issues of concern to Pilgrim Watch could, on its own, credibly alter the Pilgrim SAMA analysis conclusions on which SAMAs are cost-beneficial to implement.1 Therefore, there will not be an evidentiary hearing on this issue, but the Board will, on March 9, 2011, conduct oral argument relating to new contentions filed by Pilgrim Watch, and closing 1

See Order (Addressing Joint Motion, Motion in Limine, Proposed Findings of Fact and Conclusions of Law/Concluding Statements of Position, and Argument to be held March 9, 2011) (Feb. 22, 2011) (unpublished; available at http://ehd1.nrc.gov/EHD/FnDocContent.aspx?Library=EHD2_ADAMS^HQ2KAD108&Id=110530 073&ObjType=2&Op=Open).

2 argument on the threshold issue of Contention 3. The Board will not hold any session on March 10, as previously planned.

Members of the public and representatives of the media are welcome to attend and observe these arguments, but only counsel and representatives of the parties will be permitted to speak. Signs, banners, posters, and displays are prohibited in accordance with NRC policy.2 All interested persons should arrive at least fifteen minutes early so as to allow sufficient time to pass through any security screening.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

Ann Marshall Young, Chair ADMINISTRATIVE JUDGE Rockville, Maryland February 23, 20113 2

See Procedures for Providing Security Support for NRC Public Meetings/Hearings, 66 Fed.

Reg. 31,719 (June 12, 2001).

3 Copies of this Order were filed with the agencys EIE system for service to the parties on this date.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

ENTERGY NUCLEAR GENERATION CO. )

AND )

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket No. 50-293-LR

)

(Pilgrim Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Revised NOTICE AND ORDER (Regarding Hearing and Oral Argument) have been served upon the following persons by Electronic Information Exchange (EIE) and by electronic mail as indicated by an asterisk*.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3 F23 Mail Stop: O-15 D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Edward Williamson, Esq.

Ann Marshall Young, Chair Susan L. Uttal, Esq.

Andrea Z. Jones, Esq.

Administrative Judge Brian G. Harris, Esq.

Richard F. Cole Beth N. Mizuno, Esq.

Brian Newell, Paralegal Administrative Judge Paul B. Abramson Katherine Tucker, Law Clerk U.S. Nuclear Regulatory Commission Lisa Regner*

Office of Commission Appellate Senior Project Manager Adjudication Division of License Renewal Mail Stop: O-16C1 Office of Nuclear Reactor Regulation Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Mail Stop: O11 F-1 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Office of Secretary of the Commission Mail Stop: O-16C1 Washington, DC 20555-0001

Docket No. 50-293-LR Revised NOTICE AND ORDER (Regarding Hearing and Oral Argument)

Terrence A. Burke, Esq David R. Lewis, Esq.

Entergy Nuclear Paul A. Gaukler, Esq.

1340 Echelon Parkway Jason B. Parker, Esq.

Mail Stop: M-ECH-62 Maria Webb Jackson, MS 39213 Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, N.W.

Washington, DC 20037-1128 Kevin M. Nord*, Fire Chief & Director Matthew Brock, Assistant Attorney General Duxbury Emergency Management Agency Office of the Attorney General 668 Tremont Street Environmental Protection Division Duxbury, MA 02332 One Ashburton Place, 18th Floor Boston, MA 02108 Mary Lampert, Director Melissa Arrighi*

Pilgrim Watch Acting Town Manager 148 Washington Street Town of Plymouth MA Duxbury, MA 02332 Town Managers Office 11 Lincoln Street Plymouth, MA 02360 Sheila Slocum Hollis*, Esq. Rebecca Chin*, Vice Chair Duane Morris, LLP Town of Duxbury Nuclear Advisory Committee Town of Plymouth MA 31 Deerpath Trl.

505 9th Street, NW, Suite 1000 North Duxbury, MA 02332 Washington, DC 20004-2166

[Original signed by Nancy Greathead]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 23rd day of February 2011 2